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Morris v. Pavarini Const – Case Brief Summary (New York)

In Morris v. Pavarini Const., 9 NY3d 47 [2007]), where a carpenter was injured when an object, described as part of one of the incomplete concrete form's sides, fell on him, the court found that it was premature to dismiss plaintiff's Labor Law § 241(6) cause of action predicated on 12 NYCRR 23-2.2 since a more complete record was necessary both as to the nature of the object that caused the injury and the opinions of those expert in the construction of concrete walls as to whether the specific requirements imposed by the words "braced or tied together so as to maintain position and shape" could sensibly be applied to anything but "completed forms."

In Morris, defendant's engineer suggested that the forms could have been tied together with straps to secure them to each other, but offered no further explanation of what should have been done, and defendants submitted no expert testimony.